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COUNTY OF FLORENCE v. WEST FLORENCE FIRE

Opinion No. 27776.

422 S.C. 316 (2018)

811 S.E.2d 770

COUNTY OF FLORENCE and Florence County Council, Respondents, v. WEST FLORENCE FIRE DISTRICT, purported to have been created by S.C. Act No. 183 of 2014, the West Florence Fire District Commission, purported to have been created by S.C. Act. No. 183 of 2014, David Brown, Dustin Fails, Linda Lang Gipco, Richard Hewitt and C. Allen Matthews, each in his or her purported official capacity as a member of the West Florence Fire District Commission and the State of South Carolina, Defendants, of whom West Florence Fire District, purported to have been created by S.C. Act No. 183 of 2014, the West Florence Fire District Commission, purported to have been created by S.C. Act. No. 183 of 2014, David Brown, Dustin Fails, Linda Lang Gipco, Richard Hewitt and C. Allen Matthews, each in his or her purported official capacity as a member of the West Florence Fire District Commission are Appellants.

Supreme Court of South Carolina.

Filed March 7, 2018.

Attorney(s) appearing for the Case

Blake A. Hewitt , of Bluestein Thompson Sullivan LLC, of Columbia and Wallace H. Jordan, Jr. , of Florence, for Appellants.

Steve A. Matthews , of Haynsworth Sinkler Boyd, P.A., of Columbia and D. Malloy McEachin, Jr. , of McEachin & McEachin, P.A., of Florence, for Respondents.

Attorney General Alan Wilson and Deputy Solicitor General J. Emory Smith, Jr. , for Defendant, State of South Carolina.

In this declaratory judgment action, Florence County challenges the validity of the West Florence Fire District, arguing that it violates this Court's decision in Wagener v. Smith, 221 S.C. 438, 71 S.E.2d 1 (1952) and conflicts with the state's constitutional...

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